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SMITH v. PERINI

No. 82-3267.

723 F.2d 478 (1983)

Frank W. SMITH, Petitioner-Appellant, v. E.P. PERINI, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 15, 1983.

Certiorari Denied April 16, 1984.

Attorney(s) appearing for the Case

J. Dean Carro, argued, Akron, Ohio, for petitioner-appellant.

Dain N. Deveny, argued, Connie Harris, Asst. Atty. Gen., Columbus, Ohio, for respondent-appellee.

Before JONES and WELLFORD, Circuit Judges, HARVEY, District Judge.

Certiorari Denied April 16, 1984. See 104 S.Ct. 1920.

WELLFORD, Circuit Judge.

Appellant in this cause was convicted of rape and felonious assault in state court. He appeals the district court's denial of his petition for a writ of habeas corpus, asserting that the identification process used was so suggestive as to deny him due process under the Fourteenth Amendment.

Appellant Smith was indicted on one count of rape and one count of felonious assault...

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